If the employer does not want to give the employee notice, the employer must give the employee pay in lieu of (in place of) notice. Know your rights and obligations under the Employment Standards Act (ESA).Is your employer keeping your wages from you? You may be able to file a lawsuit to recover your unpaid wages. If you report to work at the call of your employer, you must receive wages for at least 3 hours at your regular rate of wages. Notify your employer as soon as you receive a jury summons and check with your employer regarding the payment policy for jury service. Can my employer terminate me without any warning? Under Section 195.1 of the New York State Labor Law. Two female adults in a job interview. New Employee Orientation.